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2025 DAILYLAW 6245 (ALL)

HUSHAN JAHAN ALIAS ROSHAN JAHAN v. STATE OF U.P.

BAIL/824/2025 · 2025-07-10

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111850 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 824 of 2025 Applicant :- Hushan Jahan Alias Roshan Jahan Opposite Party :- State of U.P. Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Satish Sharma, learned counsel for the applicant, Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 714 of 2022, under Sections 307, 506 I.P.C., Police Station- Handia, District- Prayagraj, during the pendency of the trial. 3. It is contended by learned counsel for the applicant that this is the second bail application of the applicant. The first bail application was rejected by a coordinate Bench of this Court vide order dated 15.07.2024 passed in Criminal Misc. Bail Application No. 48515 of 2023. It is further submitted that the allegation is that while the injured and father of the applicant were quarreling over a money dispute then the applicant poured petrol over the body of the injured and set him on fire which resulted in 60% burn injury to the injured, Sheetla Prasad. It is further submitted that though the charges were framed on 06.07.2023 and 13 witnesses are to be examined but only one witness has been examined on 28.10.2024 and till date, the injured witness has not been examined during trial, therefore, there is no chance of early disposal of trial. The applicant is a lady and has no criminal antecedents to her credit. She is languishing in jail since 19.11.2022. In case, she is granted bail, she will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail and submitted that specific allegation of causing burn injury has been assigned to the applicant, therefore, she is not entitled to be released on bail. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, the fact that applicant is a lady who is languishing in jail since 19.11.2022, charges were framed on 06.07.2023 and only one witness has been examined on 28.10.2024 and trial will take time and there are 13 witnesses, keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Hushan Jahan Alias Roshan Jahan involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by her. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 11.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad